Kerala High Court
Archana P.K vs State Of Kerala on 11 September, 2025
Author: N.Nagaresh
Bench: N.Nagaresh
2025:KER:67441
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE N.NAGARESH
THURSDAY, THE 11TH DAY OF SEPTEMBER 2025/20TH BHADRA, 1947
WP(C) NO. 17196 OF 2025
PETITIONER:
ARCHANA P.K.
AGED 39 YEARS, D/O V.N.SUNDARESAN,
PUSHPA MANDIRAM, AMPALATHUMKALA.P.O
EZHUKONE, KOLLAM, PIN - 691505.
BY ADVS.
SRI.A.R.DILEEP
SRI.MANU SRINATH
RESPONDENTS:
1 STATE OF KERALA
REPRESENTED BY CHIEF SECRETARY, GOVERNMENT
SECRETARIAT, THIRUVANANTHAPURAM, PIN - 695001.
2 ADDITIONAL CHIEF SECRETARY
HOME DEPARTMENT, GOVERNMENT SECRETARIAT,
THIRUVANANTHAPURAM, PIN - 695001.
3 SECRETARY TO GOVERNMENT
FINANCE DEPARTMENT, GOVERNMENT SECRETARIAT,
THIRUVANANTHAPURAM, PIN - 695001.
W.P.(C)No.17196 of 2025
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2025:KER:67441
4 THE DIRECTOR GENERAL OF PROSECUTION
DIRECTORATE OF PROSECUTION, MARKET ROAD,
ERNAKULAM, PIN - 682011.
5 REGISTRAR (DISTRICT JUDICIARY)
HIGH COURT OF KERALA, ERNAKULAM, PIN - 682031.
6 THE KERALA PUBLIC SERVICE COMMISSION
REPRESENTED BY ITS SECRETARY, PATTOM,
THIRUVANANTHAPURAM, PIN - 695001.
BY ADVS.
SRI.RAJEEV JYOTHISH GEORGE, GOVERNMENT PLEADER
SRI.HARIKUMAR G. (GOPINATHAN NAIR)
SRI.P.C.SASIDHARAN, STANDING COUNSEL
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR
ADMISSION ON 11.09.2025, THE COURT ON THE SAME DAY
DELIVERED THE FOLLOWING:
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JUDGMENT
Dated this the 11th day of September, 2025 The petitioner, who is practising lawyer, has filed this writ petition seeking to create sufficient posts of Assistant Public Prosecutors in the Gram Nyayalayas at Iritty, Panur, Ponnani, Parappa, Perinthalmanna, Vythiri, Sreekrishnapuram, Pandalam, Irikkur and Kuzhalmannam.
2. Government Pleader raised an objection that the issue relates to recruitment to the post of Assistant Public Prosecutor and hence, it is a service matter falling within the ambit of the Administrative Tribunals Act, 1985.
3. Counsel for the petitioner, on the other hand, would submit that in view of Article 323A of the Constitution of India, it is only in matters relating to the recruitment to post, the Tribunals will have jurisdiction. As the creation of posts comes W.P.(C)No.17196 of 2025 :4: 2025:KER:67441 before the recruitment process, the issue involved in this writ petition cannot be treated as a service matter. Counsel for the petitioner would urge that the process of recruitment starts with the notification for recruitment and concludes when appointments are made. Creation of post being a process at a stage anterior to the commencement of the recruitment, it is not a service matter and the petitioner cannot be driven to the Tribunals constituted under the Administrative Tribunals Act.
4. Article 323A(2) of the Constitution of India provides for making law specifying the jurisdiction, powers (including the power to punish for contempt) and authority which may be exercised by Administrative Tribunals. In exercise of the powers under Article 323A, the Parliament has enacted Administrative Tribunals Act, 1985. Section 15 of the Administrative Tribunals Act provides that the Administrative Tribunal for a State shall exercise, on and from the appointed day, all the jurisdiction, powers and authority in relation to W.P.(C)No.17196 of 2025 :5: 2025:KER:67441 recruitment and matters concerning recruitment.
5. Creation of posts is a matter concerning recruitment, as the creation of posts is intended solely for the purpose of recruitment. In that view of the matter, I am of the view that the issue agitated by the petitioner is a service matter falling within the ambit of the Administrative Tribunals Act, 1985 and a writ petition under Article 226 of the Constitution of India is therefore not maintainable.
The writ petition is hence dismissed.
Sd/-
N. NAGARESH JUDGE ams W.P.(C)No.17196 of 2025 :6: 2025:KER:67441 APPENDIX OF WP(C) 17196/2025 PETITIONER EXHIBITS Exhibit P1 TRUE COPY OF THE NOTIFICATION DATED 31-12-2022, PUBLISHED BY THE KERALA PUBLIC SERVICE COMMISSION FOR APPOINTMENT TO THE POST OF ASSISTANT PUBLIC PROSECUTOR GRADE II Exhibit P2 TRUE COPY OF THE RANKED LIST, DATED 23-08-2023, PUBLISHED BY THE KERALA PUBLIC SERVICE COMMISSION, IN RECRUITMENT TO THE POST OF ASSISTANT PUBLIC PROSECUTOR- GRADE II, IN CATEGORY NO. 659-2022 Exhibit P3 TRUE COPY OF THE ORDER NO.
HCKL/26/2025-B1(A)HC KERALA DATED 24-02-2025 ISSUED BY THE HIGH COURT OF KERALA Exhibit P4 TRUE COPY OF THE REPRESENTATION DATED 10-03-2025, PREFERRED BY THE ASSOCIATION OF CANDIDATES IN THE RANKED LIST UNDER EXHIBIT P1 NOTIFICATION BEFORE THE 1ST RESPONDENT